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2022 (6) TMI 993 - Corporate Laws
Head Note / Extract:
Seeking restoration of name of the company, in the Register of Companies being maintained by the Registrar of Companies - section 252(3) of the Companies Act - HELD THAT:- The Petitioner was unaware of the notification regarding striking off the name of the company from the Registrar of the Respondent as no notice as required under Section 248 of the said Act, was given to the Company. The Petitioner came to know about the same only when the representative of the Company went to file the statutory documents as per the requirements of the Act and immediately the Directors of the petitioner company visited the Registrar of Companies, Guwahati and requested to change the status of the company from “Strike Off” to “Active” so that the statutory compliance can be made as per the requirements of the Act. But the Respondent expressed his helplessness to make any correction or modification in the master date and in accepting the Audited Accounts and Returns as the name of the Company has already been struck off from its record. Under Section 248 of the Companies Act, 2013 before striking off the name of the company from the register of the Respondent, notice is requested to be given to the company which in this case has not been done. The Respondent should be directed to restore the name of the company to the like and / or to the register of the respondent and the respondent be directed to rectify the master data by modifying the status from “Strike Off” to “Active” within the specific time as this Hon’ble Tribunal may deem fit and proper - Application allowed.